Kruger v Coetzee

Kruger was injured when Coetzee's vehicle collided with his. Kruger sued for damages based on Coetzee's negligent driving. The case required the court to define the test for negligence in delictual liability.

Kruger's claim succeeded. Coetzee was held liable for damages arising from his negligent conduct.

This is the leading South African case defining negligence. It established the two-stage reasonable person test (foreseeability + preventability) that courts still apply today. The case is absolutely fundamental to understanding fault in delict and appears in virtually every law of delict exam. Every law student must be able to recite and apply the Kruger v Coetzee test.